Financial provisions
Schemes for meeting losses and liabilities, etc., of certain health and social services bodies24
1
The Department may by regulations made with the consent of the Department of Finance and Personnel establish a scheme whereby any of the bodies mentioned in paragraph (2) may make provision to meet—
a
expenses arising from any loss of or damage to their property; and
b
liabilities to third parties for loss, damage or injury arising out of the carrying out of the functions of the bodies concerned.
2
The bodies referred to in paragraph (1) are—
a
Health and Social Services Boards;
b
the Agency;
c
special agencies; and
d
HSS trusts; but a scheme under this Article may limit the class or description of bodies which are eligible to participate in it.
3
Without prejudice to the generality of the power conferred by paragraph (1), a scheme under this Article may—
a
provide for the scheme to be administered by the Department or by a body specified in the scheme (being a body mentioned in paragraph (2));
b
require any body which participates in the scheme to make payments in accordance with the scheme; and
c
provide for the making of payments for the purposes of the scheme by the Department.
4
Without prejudice to any other power of direction conferred on the Department,—
a
if the Department so directs, a body which is eligible to participate in a scheme shall do so; and
b
where a scheme provides for it to be administered by the Department, a body mentioned in paragraph (2) shall carry out such functions in connection with the administration of the scheme by the Department as the Department may direct.
5
Neither the Department nor any body administering a scheme under this Article shall, by virtue of their activities under the scheme, be regarded as carrying on insurance business for the purposes of the Insurance Companies Act 198221.